LW v. Chatham-Kent Children’s Services, 2022 ONCFSRB 8

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

LW Applicant

-and-

Chatham-Kent Children’s Services Respondent

DECISION

Adjudicator: Catherine Bickley Date: February 10, 2022 Citation: 2022 CFSRB 8 Indexed As: LW v Chatham-Kent Children’s Services (CYFSA s.120)

Introduction

1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) under section 120 of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1 (the “Act”).

2This decision explains why the Application is not eligible for review by the CFSRB.

THE LAW

3Section 119(1) of the Act states:

A person may make a complaint to a society relating to a service sought or received by that person from the society in accordance with the regulations.

4Section 56 of Ontario Regulation 156/18 General Matters Under the Authority of the Minister (the “Regulation”) states:

A complaint to a society under subsection 119(1) of the Act must be made in the form entitled “Formal Complaint to a Society’s Internal Complaints Review Panel (ICRP)” and dated 2018/03, available on a website of the Government of Ontario. [emphasis added]

Section 120(4) of the Act states:

The following matters may be reviewed by the Board under this section:

1. Allegations that the society has refused to proceed with a complaint made by the complainant under section 119(1) as required under subsection 119(2).
2. Allegations that the society has failed to respond to the complainant’s complaint within the timeframe required by regulation.
3. Allegations that the society has failed to comply with the complaint review procedure or with any other procedural requirements under this Act relating to the review of complaints.
4. Allegations that the society has failed to comply with section 15(2).
5. Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests.

s.15(2) Service providers shall ensure that children and young persons and their parents have an opportunity to be heard and represented when decisions affecting their interests are made and to be heard when they have concerns about the services they are receiving;

ANALYSIS

5The Applicant wishes to be a kin care provider for her grandson. She disagrees with the reasons the Respondent has provided for not placing her grandson with her.

6The Application alleges that the Respondent did not give the Applicant a chance to be heard when she raised concerns and when decisions that affected her interests were made. It also alleges that the Respondent refused to proceed with her complaint and did not follow its complaint review process or timelines.

7In seeking to be considered as a kin care provider for her grandson, the Applicant is seeking a service from the Respondent. The right to be heard, however, is limited to “children and young persons and their parents” as set out in section 15(2) of the Act. Thus, the CFSRB cannot review whether the Respondent heard the Applicant’s concerns.

8Section 119(1) of the Act requires complaints to a children’s aid society be in the specific format set out in the Regulation, i.e., on the “Formal Complaint to a Society’s Internal Complaints Review Panel (ICRP)” form. Sections 120(4)1, 120(4)2 and 120(4)3 of the Act permit a CFSRB review of the way in which the children’s aid society has dealt with a section 119 complaint only if the complaint to the children’s aid society is in the required format. In this case, the Applicant has not made a complaint to the Respondent on the required form.

9For the above reasons, the CFSRB lacks jurisdiction to review the Application.

order

10The Application is dismissed.

confidentiality order

11Pursuant to Rules 9.3 and 9.4 of the CFSRB’s Rules of Procedure, parties and their representatives must not use, share, discuss or disclose any CFSRB documents or decisions or any other documents or information provided or used in this Application with anyone, including through the media or online. The CFSRB prohibits the use of any of this information for any purpose outside of the CFSRB’s proceedings, except with an order of the Court or the CFSRB, as appropriate.